Recently circulated on social media, videos of alleged executions of surrendered Russian soldiers in Ukraine have sparked controversy.
The events in the videos remain partly unclear and have caused speculation about what actually happened.
According to Russia, it is a war crime committed by Ukrainian soldiers. Ukraine, on the other hand, blames the Russian forces for the staging and considers Russia itself to have committed a war crime in the case.
The UN human rights office has said it is aware of the videos and is investigating them. Ukraine also says it is investigating the matter. Russia has said it will start its own criminal investigation.
The events of the two videos probably take place in the village of Makijivka in the Luhansk region, but there is no certainty of their exact time. According to the British Broadcasting Company BBC (you will switch to another service) the things depicted in the videos happened on or before Saturday, November 12.
In the first video, it appears that Russian soldiers with their hands up come out of the building and position themselves next to the seemingly unarmed Russian soldiers lying on the ground.
At the end of the first video, it looks like another Russian soldier comes out of the building and opens fire on the Ukrainian soldiers. This is where the video breaks. The second video seems to show presumably the same Russian soldiers lying dead on the ground.
However, the events of the videos are not clear. The recordings also do not show how and under what circumstances exactly the Russian soldiers die and what actually happened before that.
Expert: In warfare, violations usually occur on both sides
In war, there is often a lot of disinformation and different interpretations, reminds the Program Director of the Foreign Policy Institute Katja Creutz. He does not want to take a direct stand on the case in question.
– In warfare, violations usually occur on both sides. One may do them more systematically and the other not. Warfare is an inhumane thing that brings out horrors, says Creutz.
Ombudsman of the Parliament of Ukraine Dmytro Lubinets has denied Russia’s accusations. According to him, the Russians themselves committed a war crime.
Lubinets believes that it is a staged surrender, which Russia used to open fire on Ukrainian soldiers. Therefore, according to him, Russian soldiers are not prisoners of war.
– Responding to fire is not a war crime. On the contrary, those who use the protection brought by international law to commit murder should be punished, he writes on the messaging service Telegram, referring to Russian soldiers.
In war crimes cases, it is essential to find out whether the hallmarks are fulfilled, says the professor of international law Outi Korhonen from the University of Turku.
According to Korhonen, in cases like the one seen in the videos, it should be determined whether surrendered soldiers have been killed knowingly or negligently in violation of the principle of segregation.
The principle of separation and the rule of hors de combat protect those who have surrendered if they do not take up arms again and start fighting.
The videos raised a lot of questions
Korhonen points out that the videos have raised questions, for example, about whether the soldiers lying on the ground were disarmed and how they reacted to the sudden shooting seen in the video.
The public has also speculated whether it could be revenge by Ukrainian soldiers when a Russian soldier opens fire.
According to international law, surrendered soldiers are not legal targets of hostilities.
– Violence must not be directed at them. They must be treated according to the principle of human rights and humanity, says Korhonen.
However, Korhonen adds that if a soldier who has already surrendered once takes up a weapon again and participates in hostilities, i.e. starts shooting, for example, he is no longer covered by humanitarian protection.
– Military actions can be aimed at him again. But those who have surrendered, who do not take or participate in hostilities, may not be targeted.
According to Creutz, the purpose of the regulations regarding prisoners of war and surrenderers is clear.
– The purpose is that human lives are saved and that there is also an opportunity to give up the fight. Otherwise, the war would never end.
However, he adds that one must not pretend to surrender either.
Deputy Prime Minister of Ukraine Olga Stefanišyna has said Ukrainian authorities are investigating the videos. He considers it unlikely that Ukraine committed a war crime.
According to him, Ukraine has no interest in executing prisoners of war, as they are wanted as much as possible for the exchange of prisoners.
Russia and Ukraine reacted to the war crime accusations in different ways
US Special Envoy for International Criminal Justice Beth Van Schaack says according to the news agency AFP, that the case is being closely monitored.
– It is very important to emphasize that the legal rules of war apply equally to everyone.
However, he points out that the actions of the Russian forces in the war are on a completely different scale than the accusations against the Ukrainian forces.
According to Van Schaack, there is more and more evidence that Russia has committed systematic war crimes during the war in every region where its forces have been present. Many remember, for example, Butša’s shocking pictures.
Van Schaack also emphasizes the difference between how Russia and Ukraine have reacted to accusations of war crimes during the war.
– Russia predictably responds with propaganda, denial and misinformation, while the Ukrainian authorities have generally acknowledged the abuses and have promised to investigate them.
Professor Outi Korhonen also points out that the rules of war apply to both sides. According to Korhonen, it is necessary that Ukraine investigates the allegations as it has announced it will do.
– In order for Ukraine to maintain legitimacy under international law and the image that it is the victim of crimes and not the perpetrator, it must of course carefully investigate the events.
As a state, Ukraine is responsible for ensuring that its army does not commit war crimes and follows the rules of war, he says.
Program director Katja Creutz points out that Russia seems to use crimes as a war strategy and does not seem to condemn its own war crimes.
He still hopes that Ukraine would speak more openly about its own suspected war crimes, although that may be difficult.
– It is also in Ukraine’s interest that it operates according to the rule of law and strives to convict its own soldiers for war crimes as well. It would also signal to the world that there is nothing to hide.
Sources: AFP, Reuters, AP
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